Back / lumbar spine decisions — 2010

The Board has determined that the Veteran's service-connected lumbar spine disability results in degenerative disc disease, pain, and limitation of motion but does not result in forward flexion limited to 30 degrees or less, or favorable ankylosis of the thoracolumbar spine. Therefore, the criteria for an evaluation in excess of 20 percent are not met.

The Veteran's TDIU claim was denied because she is not found unable to secure or follow a substantially gainful occupation as a result of her service-connected disabilities. The case has been referred for consideration under 38 C.F.R. § 4.16(b) and 38 C.F.R. § 3.321(b)(1).

The Board has determined that the Veteran incurred a low back disability during active duty and grants service connection for this condition.

The Board has determined that the Veteran's current back condition is not related to his military service and denied his claim for service connection.

The Veteran's combined service-connected disabilities (low back syndrome and depression) do not meet the criteria for a TDIU as they are not shown to be of such severity so as to preclude substantially gainful employment.

The Board has determined that the Veteran's bilateral ankle disorder, right knee disorder, low back disorder, and right shoulder disorder are all service-connected.

The Veteran's appeal is being remanded due to the need for additional development of his medical records and an examination to assess his employability.

The Board found that the Veteran's low back, neck, and tinnitus disabilities were not incurred in or aggravated by his period of active military service.

The Veteran's appeal is remanded to obtain updated VA treatment records and schedule him for a new VA examination to determine if his service-connected low back disability meets the criteria for an automobile and adaptive equipment or adaptive equipment only.

The Board has granted a 20 percent rating for the Veteran's lumbar degenerative changes at L5-S1, with small disc bulging, mild lateral recess stenosis, and paraspinous thoracic myalgia with Schmorl's nodes effective from January 26, 2009. The effective date of this grant has been set as July 31, 2008.

The Board denied the Veteran's claims for a rating in excess of 40 percent for his thoracolumbar spine disability and an effective date prior to February 9, 2001 for service connection. The appeal is dismissed.

The Veteran withdrew his appeal for the issues of hypertension, heart disability, stomach disability, and chronic bronchitis. The remaining claims are dismissed.

The Veteran's right and left knee arthritis are each rated at 10 percent, the maximum rating available under VA regulations. The Veteran's lumbar spine arthritis is also rated at 10 percent.

The Board has remanded the case for further development, including a VA examination and medical opinion regarding service connection for bilateral knee and low back osteoarthritis as secondary to service-connected rheumatoid arthritis.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for cause of death. The Veteran's service-connected osteoarthritis of the spine is found to have contributed substantially or materially to his death from acute coronary syndrome.

The Board found that the appellant's psychiatric, low back, and headache disabilities were not incurred in service or related to his active duty. The claims for these conditions are therefore denied.

The Board has determined that new and material evidence has been submitted to reopen the claims for service connection for a skin rash and back disorder. However, the claim for service connection for a skin rash remains denied as there is no indication of a chronic condition in service or post-service. The claim for service connection for a back disorder also remains denied due to lack of current diagnosis.

The Veteran's service-connected disabilities, including left peroneal nerve palsy, major depressive disorder, right knee strain, lumbar degenerative disc disease with radiculopathy, and left knee dislocation, have rendered him unable to secure or follow substantially gainful employment. The Board finds that the criteria for a total disability rating based on individual unemployability due to service-connected disabilities are met.

The Veteran's claim for service connection for a low back disorder is being remanded due to the need for additional VA examination and treatment records.

The Board has granted service connection for bilateral hearing loss effective from March 11, 2008. Service connection for lumbar spondylosis at L5-S1 was denied as the Veteran's current condition is more likely due to his age and other non-service-related factors.